The court’s decision in Metropolitan Toronto Condominium Corporation No. 933 v. Lyn, 2020 ONSC 196, involved two tenants in a high-rise condominium building in downtown Toronto. They are neighbours.
After Kalicharan moved into her unit, Rosenstrom began to experience noise issues, such as extremely loud music and loud television shows coming from Kalicharan’s unit, often between the hours of 11:00 p.m. and 6:00 a.m. The wall between Rosenstrom’s bedroom and Kalicharan’s living room is not soundproof.
Rosenstrom said that there were at least 25 noise issues in less than two years. Kalicharan conceded that, on at least seven occasions, there may have been excessive noise.
However, Kalicharan said that these were isolated incidents when an unexpected loud noise came from the television, or sometimes when she was having guests over to celebrate a birthday or to watch a football game. Kalicharan stated that occupants in downtown Toronto cannot expect complete silence.
Rosenstrom complained to the condominium corporation. The building’s concierge warned Kalicharan on a few occasions. Further, the property manager wrote letters to the owner of the unit. The excessive noise would stop for a short amount of time but would then resume.
Justice Stinson held that Kalicharan breached a rule of the condominium corporation by creating excessive noise. He ordered Kalicharan to comply with the Condominium Act and the rules of the corporation.
Justice Stinson indicated that, when someone chooses to live in a condominium community, whether as an owner or a tenant, they do not enjoy unlimited freedom to do as they please. Rather, they must conduct themselves in accordance with the rules of the community and with due respect and consideration for their neighbours and fellow residents.
It must also be noted that owners of condominium units need to take steps to stop tenants from breaching rules. An owner can be responsible for legal costs incurred by a condominium corporation in enforcing the rules against a tenant.